Lara Aulestia’s Post

New #ClassAction against Amazon: Major News from Germany Significant national media coverage (50+ articles) is being given to one of the first and afaik largest collective redress lawsuits under the recently reformed Collective Redress Directive (EU 2020/1828). The damages claimed are flexible, estimated to reach approximately *1 billion Euros* by the end of the year depending on the amount of consumers opting in. This marks the largest collective redress lawsuit ever filed in Europe. Unfortunately, only a few international media outlets have reported on this due to language barriers. Summary of the Facts: The Consumer Protection Association of Saxony (VZS) has filed a lawsuit against Amazon Digital Germany GmbH, seeking up to 1 billion euros in damages for allegedly deceptive business practices related to Amazon Prime Video advertising. Amazon is accused of misleading consumers into subscribing to an "ad-free service" and subsequently degrading the service by incorporating ads for all other subscribers, thereby ruining the user experience and essentially the whole streaming service. While the facts of the case are mostly clear and the legal evaluation straightforward, the procedure of the so-called “Abhilfeklage" (redress action) under German law is complex. We at SPIRIT LEGAL are honored that the VZS has entrusted us with this case and look forward to making history in the realm of private enforcement against big tech. More to come ;-) cc Lena Hornkohl Paul Nemitz Hans von der Burchard Federal Trade Commission TechCrunch Euractiv POLITICO Europe Reuters 404Media The Information The Washington Post The New York Times Official Press Release of VZS: https://lnkd.in/eSctndtz Official register of the Federal Office of Justice: https://lnkd.in/eztKwpdp Leading German media: https://lnkd.in/e7ngE8RH https://lnkd.in/eBNnTJkg

🚨 “The FTC's new ruling against fake, AI-generated reviews and bot followers marks a significant step toward safeguarding the integrity of online content. For publishers, this is a pivotal moment. The credibility of digital content has always been paramount, and this regulation reinforces the need for authenticity in every facet of our industry. As publishers who have built brands on trust and quality, this ruling aligns perfectly with our commitment to delivering real value to our audiences. It’s not just about compliance; it’s about leading by example in a digital world that increasingly demands transparency and authenticity.” - Brian Lovett, VP Commerce Product Read more about the new FTC rule here 👉 https://bit.ly/3YM5Zxn #MediaPublishing #DigitalContent #FTCRuling #Transparency #DataIntegrity

I am thrilled to share that Dhanya S Krishnan and I have co-authored a piece on the anticompetitive effects of dark patterns for the Berkeley Technology Law Journal’s Blog. We explore how certain deceptive tactics, known as dark patterns, used by online platforms could potentially breach U.S. antitrust laws. We review recent FTC cases against Amazon and Publishers Clearing House that highlight concerns over manipulative user interface designs. As regulators intensify their scrutiny of how these designs may limit consumer choices and impede competition, it becomes increasingly important for antitrust laws to adapt and tackle these emerging challenges. The article can be accessed here: https://lnkd.in/gUnHXdYH We are grateful to John Moore and Maya Darrow for reviewing the article and Berkeley Technology Law Journal for giving us the opportunity. #law #antitrust #darkpatterns #technologylaw

“The essence of antitrust law is to try to keep – you know, nothing is static, to try to keep the system working by recognizing that, at certain points, some companies may get too big for their own good, they’re self-imploding, or the technology may become so dominant that it’s just crushing all other elements where there can be innovation.” Well worth a read on Google's latest competition law case: https://lnkd.in/gqZwipGD

As Google's anti-trust trial against the DOJ continues, The Drum asks the industry what outcome we should anticipate... Captify's Chief Product Officer, Amelia Waddington, believes lawmakers will move to “address the structure of the market” in the near future, and “remove the ability of any company to own an end-to-end supply chain … letting market dynamics deal with pricing.” Read the full article here: https://lnkd.in/gAU52bze

If you're curious about the recent changes in marketing and reviews by the Federal Trade Commission, this post provides a comprehensive overview. Unfair reviews on Google have posed a significant challenge for countless businesses, stemming from unethical competitors and customers. Conversely, businesses resort to fake reviews on their platforms to attract more customers, creating a disheartening cycle. It's discouraging that despite positive initiatives, some individuals exploit and undermine opportunities, impacting everyone else. An alarming reality is that many facing substance use or mental health struggles unknowingly choose facilities based on fake reviews, sometimes leading to tragic outcomes. Perhaps these types of implications were considered when the FTC rendered this decision. While the existing penalties may not deter certain individuals who normalize unethical practices, we must start somewhere.

https://lnkd.in/dq37w7Gz Having fought on the stage during my Sun Microsystems days against both Microsoft and Google, I see the same monopolistic pattern in both and I'm so glad that justice was finally delivered. I predict Apple is next, as they have the same unethical practices. American courts might take long to get to a verdict, but in the end justice prevails. #Google #GoogleLawSuit #antitrustlaw #ethics #ethicalbusiness #businessethics #usalaw #GoogleAntitrustLaw

Google's defeat in a landmark U.S. search antitrust trial could significantly alter the search industry if its appeal fails--a process that may take years. The antitrust ruling's aim to diminish Google's search market dominance would create opportunities for competitors like Microsoft's Bing and benefit artificial intelligence companies including OpenAI. The case will proceed to a... #adweek #brand #advertising

"Amazon, opens new tab on Wednesday lost its fight to suspend a requirement regarding its online advertising under EU tech rules after Europe's top court backed EU regulators, saying EU interests outweigh the U.S. online retailer's material interests.   Under the Digital Services Act (DSA) which kicked in last year, Amazon was designated as a very large online platform subject to tough rules to tackle illegal and harmful content on its platform." #Data #Digital #EDSR #DSA #DigitalServicesAct #DSARepresentative #TCORrepresentative #TCOR #security #privacy #EDPO #digitalservices #Amazon #VLOP #EU   *This article was not written by EDSR. The opinions and views of the author(s) do not necessarily represent those of EDSR. https://lnkd.in/dFxw9TtN

𝗛𝗶𝗴𝗵𝗹𝗶𝗴𝗵𝘁𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝟮𝟬𝟮𝟰 𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗔𝗱𝘃𝗲𝗿𝘁𝗶𝘀𝗶𝗻𝗴 𝗗𝗶𝘃𝗶𝘀𝗶𝗼𝗻 𝗖𝗼𝗻𝗳𝗲𝗿𝗲𝗻𝗰𝗲 Donnelly McDowell. Ioana Gorecki, Andrea deLorimier, and Cristina Ferretti provide key insights from the recent National Advertising Division (NAD) Conference. The event brought together advertising professionals, advertising lawyers, and regulators to discuss emerging trends in advertising law. Key topics included: • Contrasting Views on FTC Mission and Enforcement Priorities • Interplay Between FTC Guidance and NAD Decisions • Endorsements and Reviews • Testing and Surveys • Puffery • Dark Patterns • Artificial Intelligence Regulation  For more takeaways from the event, read the full post: https://lnkd.in/e3Rxu-dT #NAD2024 #AdvertisingLaw #FTC #LegalInsights #KelleyDrye #Compliance #AI